The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
APPLICABLE CODES
To include, but not be limited to, the Borough of Charleroi's
adopted International Property Maintenance Code and Borough of Charleroi
Ordinances.
DEFAULT
The mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the
debt referred to in the mortgage.
ENFORCEMENT OFFICER
Any law enforcement officer, Building Official, Zoning Inspector,
Code Enforcement Officer, Fire Inspector or Building Inspector, or
other person authorized by the Borough of Charleroi to enforce the
applicable code(s).
FORECLOSED PROPERTY
Any real property located in the Borough, whether vacant
or occupied that is in default on a mortgage, has had a lis pendens
filed against it by the mortgagee, is subject to an application for
a tax deed or pending tax assessors lien sale, or has been transferred
to the mortgagee under a deed in lieu of foreclosure. The designation
of a property as foreclosed shall remain in place until such time
as the property is sold or transferred to a new owner, the foreclosure
action has been dismissed, and any default on the mortgage has been
cured.
FORECLOSURE
The legal process by which a mortgagee, or other lienholder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed in lieu of foreclosure, sale to the mortgagee or lienholder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lienholder,
or their designee, by certificate of title, or any other means, is
sold to a nonrelated bona fide purchaser in an arm's-length transaction
to satisfy the debt or lien.
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement, excluding governmental agencies.
OWNER
Any person, firm, corporation or other legal entity who,
individually or jointly or severally with others, holds the legal
or beneficial title to any building, facilities, equipment or premises
subject to the provisions of this chapter.
REAL PROPERTY
Any improved residential and/or commercial land, buildings,
leasehold improvements and anything affixed to the land, or portion
thereof identified by a property parcel identification number, located
in the Borough of Charleroi limits. Developed lots are considered
improved land.
REGISTRABLE PROPERTY
A.
Any real property located in the Borough of Charleroi, whether
vacant or occupied, that is subject to an ongoing foreclosure action
by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgment has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
B.
The designation of a property as registrable shall remain in
place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's-length transaction or the foreclosure
action has been dismissed and any default on the mortgage has been
cured.
SEMIANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Borough of Charleroi, or its designee,
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
VACANT
Any parcel of land in the Borough of Charleroi that is not
legally occupied.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to the Borough of Charleroi above and
beyond any other state or Borough of Charleroi provisions for same.
The Borough of Charleroi, or its designee, shall establish a
registry cataloging each registrable property within the Borough of
Charleroi, containing the information required by this chapter.
If any section, sentence, clause or phrase of this chapter is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this chapter.
All ordinances or parts of ordinances in conflict herewith are
and the same are hereby repealed.
It is the intention of the Council of the Borough of Charleroi
that the provisions of this chapter shall become and be made a part
of the Borough of Charleroi Code of Ordinances; and that the sections
of this chapter may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article,"
or such other appropriate word or phrase in order to accomplish such
intentions.
Mortgagees who shall fail to comply with the provisions of this
chapter shall be guilty of a summary offense, and, upon conviction
thereof before the District Judge in the Borough of Charleroi, shall
be fined not less than $500 for each offense.
This chapter shall take affect according to local and state
requirements.